81 FR 96196 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 250 (December 29, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 250 (December 29, 2016)
| Page Range | 96196-96199 | |
| FR Document | 2016-31559 |
[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)] [Notices] [Pages 96196-96199] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31559] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-1999-5748; FMCSA-1999-6156; FMCSA-2001-11426; FMCSA- 2003-16564; FMCSA-2005-22194; FMCSA-2005-23099; FMCSA-2006-23773; FMCSA-2006-24015; FMCSA-2006-24783; FMCSA-2007-0017; FMCSA-2007-0071; FMCSA-2007-29010; FMCSA-2008-0021; FMCSA-2009-0011; FMCSA-2009-0291; FMCSA-2010-0050; FMCSA-2010-0082; FMCSA-2011-0379; FMCSA-2012-0040; FMCSA-2012-0104; FMCSA-2012-0106; FMCSA-2013-0166; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2014-0005; FMCSA-2014-0006] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to renew exemptions for 88 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these individuals to continue to operate CMVs in interstate commerce without meeting the vision requirement in one eye. DATES: Each group of renewed exemptions was effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before January 30, 2017. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, [[Page 96197]] except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-1999-5748; FMCSA-1999-6156; FMCSA-2001-11426; FMCSA-2003-16564; FMCSA-2005-22194; FMCSA-2005-23099; FMCSA-2006-23773; FMCSA-2006-24015; FMCSA-2006-24783; FMCSA-2007-0017; FMCSA-2007-0071; FMCSA-2007-29010; FMCSA-2008-0021; FMCSA-2009-0011; FMCSA-2009-0291; FMCSA-2010-0050; FMCSA-2010-0082; FMCSA-2011-0379; FMCSA-2012-0040; FMCSA-2012-0104; FMCSA-2012-0106; FMCSA-2013-0166; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2014-0005; FMCSA-2014-0006 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket number(s) for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for two years if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the two-year period. The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to driver a CMV if that person: Has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70[deg] in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. The 88 individuals listed in this notice have requested renewal of their exemptions from the vision standard in 49 CFR 391.41(b)(10), in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated these applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. II. Request for Comments Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. III. Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 88 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (64 FR 40404; 64 FR 54948; 64 FR 66962; 65 FR 159; 66 FR 63289; 67 FR 10471; 67 FR 10475; 67 FR 19798; 68 FR 64944; 68 FR 74699; 69 FR 8260; 69 FR 10503; 69 FR 19611; 70 FR 57353; 70 FR 67776; 70 FR 72689; 71 FR 4194; 71 FR 6824; 71 FR 6828; 71 FR 6829; 71 FR 13450; 71 FR 14567; 71 FR 19604; 71 FR 26602; 71 FR 30229; 71 FR 32183; 71 FR 41310; 72 FR 58362; 72 FR 64273; 72 FR 67340; 72 FR 67344; 73 FR 1395; 73 FR 6242; 73 FR 11989; 73 FR 15254; 73 FR 15255; 73 FR 15567; 73 FR 16950; 73 FR 27015; 73 FR 27017; 73 FR 27018; 73 FR 28187; 73 FR 36955; 74 FR 62632; 74 FR 65842; 74 FR 65845; 75 FR 9477; 75 FR 9481; 75 FR 9482; 75 FR 14656; 75 FR 19674; 75 FR 20881; 75 FR 20882; 75 FR 22178; 75 FR 25917; 75 FR 25918; 75 FR 27621; 75 FR 28684; 75 FR 36778; 75 FR 36779; 75 FR 39729; 76 FR 70215; 77 FR 7233; 77 FR 10606; 77 FR 13689; 77 FR 15184; 77 FR 17115; 77 FR 23797; 77 FR 23799; 77 FR 23800; 77 FR 27847; 77 FR 27849; 77 FR 27850; 77 FR 33017; 77 FR 33558; 77 FR 36338; 77 FR 38384; 77 FR 38386; 77 FR 44708; 78 FR 62935; 78 FR 64280; 78 FR 76395; 79 FR 1908; 79 FR 10606; 79 FR 14328; 79 FR 14331; 79 FR 14333; 79 FR 14571; 79 FR 17641; 79 FR 18390; 79 FR 18392; 79 FR 22000; 79 FR 22003; 79 FR 23797; 79 FR 27365; 79 FR 27681; 79 FR 28588; 79 FR 29495; 79 FR 29498; 79 FR 35212; 79 FR 35218; 79 FR 35220; 79 FR 37843; 79 FR 38649; 79 FR 47175). They have submitted evidence showing that the vision in the better eye continues to meet the requirement specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption requirements. These factors provide an adequate basis for predicting each driver's ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. In accordance with 49 U.S.C. 31136(e) and 31315, the following groups of drivers received renewed exemptions in the month of July and are discussed below: As of July 8, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 40 individuals have satisfied the conditions for obtaining a renewed [[Page 96198]] exemption from the vision requirements (64 FR 40404; 64 FR 66962; 66 FR 63289; 67 FR 10471; 67 FR 19798; 68 FR 64944; 69 FR 19611; 70 FR 57353; 70 FR 67776; 70 FR 72689; 71 FR 26602; 72 FR 58362; 72 FR 64273; 72 FR 67340; 72 FR 67344; 73 FR 1395; 73 FR 6242; 73 FR 15254; 73 FR 15567; 73 FR 16950; 73 FR 27015; 73 FR 27017; 74 FR 62632; 74 FR 65842; 74 FR 65845; 75 FR 9477; 75 FR 9482; 75 FR 14656; 75 FR 19674; 75 FR 20881; 75 FR 27621; 75 FR 28684; 76 FR 70215; 77 FR 7233; 77 FR 10606; 77 FR 13689; 77 FR 17115; 77 FR 23799; 77 FR 23800; 77 FR 27847; 77 FR 27849; 77 FR 33558; 77 FR 38386; 78 FR 62935; 78 FR 64280; 78 FR 76395; 79 FR 1908; 79 FR 10606; 79 FR 14328; 79 FR 14331; 79 FR 14333; 79 FR 14571; 79 FR 17641; 79 FR 18390; 79 FR 18392; 79 FR 22000; 79 FR 22003; 79 FR 23797; 79 FR 27365; 79 FR 27681; 79 FR 28588; 79 FR 29495; 79 FR 29498; 79 FR 38649): Guy M. Alloway (OR) Roger E. Anderson (TX) Alan A. Andrews (NE) William C. Christy (FL) David F. Cialdea (MA) Gerard J. Cormier (MA) Travis C. Denzler (MN) Barent H. Eliason (MO) Sean O. Feeny (FL) Paul W. Fettig (SD) Hector O. Flores (MD) Brian R. Gallagher (TX) Todd C. Grider (IN) Jimmy G. Hall (NC) Taras G. Hamilton (TX) Donald W. Holt (MA) William D. Jackson (MN) Darryl J. Johnson (MN) Gregory R. Johnson (SC) Glenn K. Johnson, Jr. (NC) John Lucas (NC) Albert E. Malley (MN) Steven Martin (IL) Charles E. Meis (TX) Carlos A. Mendez-Castellon (VA) Michael R. Moore (MD) Charles R. Morris, Jr. (OH) Hassan Ourahou (KY) James M. Nohl (MN) Enoc Ramos III (TX) Jamey D. Reed (OK) Christopher A. Reineck (OH) James T. Rohr (MN) Joe Sanchez (TX) James S. Seeno (NV) Steven S. Smith, Jr. (PA) Thomas L. Tveit (SD) Kevin R. White (NC) Richard W. Wylie (CT) Steven E. Young (MO) The drivers were included in one of the following dockets: Docket Nos. FMCSA-1999-5748; FMCSA-2001-11426; FMCSA-2005-22194; FMCSA-2007- 0017; FMCSA-2007-0071; FMCSA-2007-29019; FMCSA-2008-0021; FMCSA-2009- 0291; FMCSA-2010-0050; FMCSA-2012-0040; FMCSA-2012-0104; FMCSA-2013- 0166; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014- 0004; FMCSA-2014-0005. Their exemptions are effective as of July 8, 2016, and will expire on July 8, 2018. As of July 12, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 7 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (71 FR 4194; 71 FR 13450; 73 FR 15255; 75 FR 9481; 75 FR 20882; 75 FR 22178; 75 FR 25917; 75 FR 25918; 75 FR 39729; 77 FR 15184; 77 FR 27847; 77 FR 27850; 77 FR 36338; 77 FR 38386; 79 FR 35220): Walter M. Brown (SC) Chadwick S. Chambers (AL) William C. Dempsey, Jr. (MA) Miguel H. Espinoza (CA) Ricky P. Hastings (TX) Leland B. Moss (VT) Markus Perkins (LA) The drivers were included in one of the following dockets: Docket No. FMCSA-2005-23099; FMCSA-2009-0011; FMCSA-2010-0082; FMCSA-2011- 0379; FMCSA-2012-0104. Their exemptions are effective as of July 12, 2016, and will expire on July 12, 2018. As of July 20, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 17 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (64 FR 5948; 65 FR 159; 67 FR 10471; 67 FR 10475; 67 FR 19798; 68 FR 74699; 69 FR 8260; 69 FR 10503; 69 FR 19611; 70 FR 57353; 70 FR 72689; 71 FR 6824; 71 FR 6828; 71 FR 6829; 71 FR 14567; 71 FR 19604; 71 FR 26602; 71 FR 30229; 71 FR 32183; 71 FR 41310; 73 FR 11989; 73 FR 15567; 73 FR 27017; 73 FR 27018; 73 FR 28187; 73 FR 36955; 75 FR 36778; 75 FR 36779; 77 FR 38384; 79 FR 35212; 79 FR 35218; 79 FR 47175): Delmas C. Bergdoll (WV) Kenneth J. Bernard (LA) Harvis P. Cosby (MD) Daniel R. Franks (OH) Walter D. Hague, Jr. (VA) William G. Hix (AR) Timothy B. Hummel (KY) Clarence H. Jacobsma (IN) Charles E. Johnston (MO) Aaron C. Lougher (OR) William F. Mack (WA) Patrick E. Martin (WA) Leland K. McAlhaney (IN) Ronald M. Price (MD) Scott D. Russell (WI) Alton M. Rutherford (FL) Sandra J. Sperling (WA) The drivers were included on the following docket: Docket No. FMCSA-1999-6156; FMCSA-2001-11426; FMCSA-2003-16564; FMCSA-2005-22194; FMCSA-2006-23773; FMCSA-2006-24015; FMCSA-2006-24783; FMCSA-2008-0021; FMCSA-2014-0006. Their exemptions are effective as of July 20, 2016, and will expire on July 20, 2018. As of July 22, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 15 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (79 FR 35212; 79 FR 47175): Abdulahi Abukar (KY) Gregory K. Banister (SC) Amanuel W. Behon (WA) Kenneth W. Bos (MN) Brian L. Elliot (MO) Bradley C. Hansell (OR) Samuel L. Klaphake (MN) Timothy L. Klose (PA) Phillip E. Mason (MO) Kenneth A. Orrino (WA) Ruel W. Smith (SD) Loren Smith (SD) Seth D. Sweeten (ID) Ronald L. Weiss (MN) John T. White, Jr. (NC) The drivers were included on the following docket: Docket No. FMCSA-2014-0006. Their exemptions are effective as of July 22, 2016, and will expire on July 22, 2018. As of July 30, 2016, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 9 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (71 FR 32183; 71 FR 41310; 73 FR 36955; 75 FR 25917; 75 FR 36779; 75 FR 39729; 77 FR 33017; 77 FR 36338; 77 FR 38384; 77 FR 44708; 79 FR 37843; 79 FR 38661): Dale W. Coblentz (MT) Lester M. Ellingson, Jr. Damon G. Gallardo (CA) Daniel L. Grover (KS) James E. Modaffari (OR) Larry A. Nienhaus (MI) Gregory A. Reinert (MN) Scott J. Schlenker (WA) Joseph B. Shaw, Jr. (VA) The drivers were included on the following docket: Docket No. FMCSA-2006-24783; FMCSA-2010-0082; FMCSA-2012-0106. Their exemptions are effective as of July 30, 2016, and will expire on July 30, 2018. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must undergo an annual physical examination (a) by an ophthalmologist or optometrist who attests that the [[Page 96199]] vision in the better eye continues to meet the requirements in 49 CFR 391.41(b)(10), and (b) by a certified Medical Examiner, as defined by 49 CFR 390.5, who attests that the driver is otherwise physically qualified under 49 CFR 391.41; (2) each driver must provide a copy of the ophthalmologist's or optometrist's report to the Medical Examiner at the time of the annual medical examination; and (3) each driver must provide a copy of the annual medical certification to the employer for retention in the driver's qualification file and retains a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State, or local enforcement official. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. IV. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VI. Conclusion Based upon its evaluation of the 88 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)). In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years unless revoked earlier by FMCSA. Issued on: December 19, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-31559 Filed 12-28-16; 8:45 am] BILLING CODE 4910-EX-P
![96196 Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices
First perceives a forced whispered voice in medical issues that would compromise V. Conclusion
the better ear at not less than 5 feet with or their ability to safely operate a CMV
without the use of a hearing aid or, if tested Based upon its evaluation of the three
during the previous two-year exemption exemption applications, FMCSA renews
by use of an audiometric device, does not
have an average hearing loss in the better ear
period. FMCSA has concluded that the exemptions of the aforementioned
greater than 40 decibels at 500 Hz, 1,000 Hz, renewing the exemptions for each of drivers from the hearing requirement in
and 2,000 Hz with or without a hearing aid these applicants is likely to achieve a 49 CFR 391.41 (b)(11). In accordance
when the audiometric device is calibrated to level of safety equal to that existing with 49 U.S.C. 31136(e) and 31315, each
American National Standard (formerly ASA without the exemption. Therefore, exemption will be valid for two years
Standard) Z24.5—1951. FMCSA has decided to renew each unless revoked earlier by FMCSA.
49 CFR 391.41(b)(11) was adopted in exemption for a two-year period. In Issued on: December 21, 2016.
1970, with a revision in 1971 to allow accordance with 49 U.S.C. 31136(e) and
Larry W. Minor,
drivers to be qualified under this 31315, each driver has received a
Associate Administrator for Policy.
standard while wearing a hearing aid, renewed exemption.
[FR Doc. 2016–31550 Filed 12–28–16; 8:45 am]
35 FR 6458, 6463 (April 22, 1970) and As of August 22, 2016, Byron Smith BILLING CODE 4910–EX–P
36 FR 12857 (July 3, 1971). (TX) has satisfied the renewal
The three individuals listed in this conditions for obtaining an exemption
notice have requested renewal of their from the hearing requirement in 49 CFR DEPARTMENT OF TRANSPORTATION
exemptions from the hearing standard 391.41(b)(11), from driving CMVs in
in 49 CFR 391.41(b)(11), in accordance interstate commerce (78 FR 22772). This Federal Motor Carrier Safety
with FMCSA procedures. Accordingly, driver was included in FMCSA–2012– Administration
FMCSA has evaluated these 0332. The exemption was effective on
applications for renewal on their merits [Docket No. FMCSA–1999–5748; FMCSA–
August 22, 2016, and will expire on 1999–6156; FMCSA–2001–11426; FMCSA–
and decided to extend each exemption August 22, 2018. 2003–16564; FMCSA–2005–22194; FMCSA–
for a renewable two-year period. 2005–23099; FMCSA–2006–23773; FMCSA–
As of August 26, 2016, James Dignan
II. Request for Comments 2006–24015; FMCSA–2006–24783; FMCSA–
(IL) and Ervin Mitchell (AL), have
2007–0017; FMCSA–2007–0071; FMCSA–
Interested parties or organizations satisfied the renewal conditions for 2007–29010; FMCSA–2008–0021; FMCSA–
possessing information that would obtaining an exemption from the 2009–0011; FMCSA–2009–0291; FMCSA–
otherwise show that any, or all, of these hearing requirement in 49 CFR 2010–0050; FMCSA–2010–0082; FMCSA–
drivers are not currently achieving the 391.41(b)(11), from driving CMVs in 2011–0379; FMCSA–2012–0040; FMCSA–
statutory level of safety should interstate commerce (80 FR 22768; 80 2012–0104; FMCSA–2012–0106; FMCSA–
immediately notify FMCSA. The FR 57032)). The drivers were included 2013–0166; FMCSA–2013–0174; FMCSA–
Agency will evaluate any adverse in FMCSA–2014–0102; FMCSA–2014– 2014–0002; FMCSA–2014–0003; FMCSA–
2014–0004; FMCSA–2014–0005; FMCSA–
evidence submitted and, if safety is 0103). The exemptions were effective on 2014–0006]
being compromised or if continuation of August 26, 2016, and will expire on
the exemption would not be consistent August 26, 2018. Qualification of Drivers; Exemption
with the goals and objectives of 49 Applications; Vision
U.S.C. 31136(e) and 31315, FMCSA will IV. Conditions and Requirements
take immediate steps to revoke the AGENCY: Federal Motor Carrier Safety
The exemptions are extended subject Administration (FMCSA), DOT.
exemption of a driver. to the following conditions: (1) Each
ACTION: Notice of renewal of
III. Basis for Renewing Exemptions driver must report any crashes or
exemptions; request for comments.
accidents as defined in 49 CFR 390.5;
Under 49 U.S.C. 31315(b)(1), an
and (2) report all citations and SUMMARY: FMCSA announces its
exemption may be granted for no longer
convictions for disqualifying offenses decision to renew exemptions for 88
than two years from its approval date
under 49 CFR part 383 and 49 CFR 391 individuals from the vision requirement
and may be renewed upon application.
In accordance with 49 U.S.C. 31136(e) to FMCSA. In addition, the driver must in the Federal Motor Carrier Safety
and 31315, each of the three applicants also have a copy of the exemption when Regulations (FMCSRs) for interstate
has satisfied the renewal conditions for driving, for presentation to a duly commercial motor vehicle (CMV)
obtaining an exemption from the authorized Federal, State, or local drivers. The exemptions enable these
hearing requirement (78 FR 22772; 80 enforcement official. The driver is individuals to continue to operate CMVs
FR 22768; 80 FR 57032). In addition, for prohibited from operating a motorcoach in interstate commerce without meeting
Commercial Driver’s License (CDL) or bus with passengers in interstate the vision requirement in one eye.
holders, the Commercial Driver’s commerce. The exemption does not DATES: Each group of renewed
License Information System (CDLIS) exempt the individual from meeting the exemptions was effective on the dates
and the Motor Carrier Management applicable CDL testing requirements. stated in the discussions below and will
Information System (MCMIS) are Each exemption will be valid for two expire on the dates stated in the
searched for crash and violation data. years unless rescinded earlier by discussions below. Comments must be
For non-CDL holders, the Agency FMCSA. The exemption will be received on or before January 30, 2017.
reviews the driving records from the rescinded if: (1) The person fails to FOR FURTHER INFORMATION CONTACT: Ms.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
State Driver’s Licensing Agency (SDLA). comply with the terms and conditions Christine A. Hydock, Chief, Medical
These factors provide an adequate basis of the exemption; (2) the exemption has Programs Division, 202–366–4001,
for predicting each driver’s ability to resulted in a lower level of safety than fmcsamedical@dot.gov, FMCSA,
continue to safely operate a CMV in was maintained before it was granted; or Department of Transportation, 1200
interstate commerce. (3) continuation of the exemption would New Jersey Avenue SE., Room W64–
The three drivers in this notice not be consistent with the goals and 224, Washington, DC 20590–0001.
remain in good standing with the objectives of 49 U.S.C. 31136(e) and Office hours are from 8:30 a.m. to 5
Agency and have not exhibited any 31315. p.m., e.t., Monday through Friday,
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![Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices 96199
vision in the better eye continues to updated guidance, in the form of a had specified that, for the purpose of
meet the requirements in 49 CFR circular, on joint development projects programs under Chapter 53, a capital
391.41(b)(10), and (b) by a certified making use of FTA funds or FTA- project for joint development ‘‘does not
Medical Examiner, as defined by 49 CFR funded property. The purpose of the include outfitting of commercial space
390.5, who attests that the driver is update is to implement recent statutory (other than an intercity bus or rail
otherwise physically qualified under 49 changes and clarify guidance in FTA station or terminal) or a part of a public
CFR 391.41; (2) each driver must Circular 7050.1: FTA Guidance on Joint facility not related to public
provide a copy of the ophthalmologist’s Development. Because the update transportation.’’
or optometrist’s report to the Medical reflects existing statute and imposes no FTA has determined that the best way
Examiner at the time of the annual new requirements on recipients, FTA is to comply with Section 3002(2)(B) of the
medical examination; and (3) each not soliciting public comment. FAST Act is to strike Section 5,
driver must provide a copy of the DATES: The prohibition on the outfitting ‘‘Ineligible Activities,’’ of Chapter III of
annual medical certification to the of commercial space as part of FTA- Circular 7050.1 and all references to the
employer for retention in the driver’s assisted joint development projects section.
qualification file and retains a copy of ended when the Fixing America’s
the certification on his/her person while B. Affordable Housing
Surface Transportation (FAST) Act
driving for presentation to a duly (Pub. L. 114–94) took effect on October Section 5302(3)(G)(iii) of title 49,
authorized Federal, State, or local 1, 2015. The policy guidance regarding United States Code, requires FTA-
enforcement official. The exemption the ‘‘fair share of revenue’’ for affordable funded joint development projects to
will be rescinded if: (1) The person fails housing as part of FTA-assisted joint provide a ‘‘fair share of revenue that
to comply with the terms and development projects will be effective will be used for public transportation.’’
conditions of the exemption; (2) the February 13, 2017. Prior to the effective date of Circular
exemption has resulted in a lower level FOR FURTHER INFORMATION CONTACT: For 7050.1 on October 1, 2014, FTA
of safety than was maintained before it policy guidance questions, Daniel generally deferred to a project sponsor’s
was granted; or (3) continuation of the Schned, Office of Budget and Policy, assessment of what is a ‘‘fair share’’ of
exemption would not be consistent with Federal Transit Administration, 1200 revenue, and did not require any
the goals and objectives of 49 U.S.C. New Jersey Ave. SE., Room E52–313, specific amount of transit funding from
31136(e) and 31315. Washington, DC 20590, phone: (202) a joint development project. With
IV. Preemption 366–1652, or email, daniel.schned@ Circular 7050.1, FTA determined that a
dot.gov. For legal questions, Christopher fair share of revenue means that a joint
During the period the exemption is in development project must produce
T. Hall, Office of Chief Counsel, same
effect, no State shall enforce any law or revenue for transit at least equal to the
address, Room E56–311 phone: (202)
regulation that conflicts with this Federal Government’s initial investment
366–5218; or email: Christopher.Hall@
exemption with respect to a person in the joint development. (79 FR 50,728;
dot.gov.
operating under the exemption. 50,731–32 August 25, 2014).
SUPPLEMENTARY INFORMATION: This
VI. Conclusion notice provides a summary of the At the same time, FTA recognized
Based upon its evaluation of the 88 updates to Circular 7050.1. The Circular that the revenue generated by below-
exemption applications, FMCSA renews itself is not included in this notice; market-rate development would be less
the exemptions of the aforementioned instead, an electronic version may be compared to market-rate commercial,
drivers from the vision requirement in found on FTA’s Web site, at residential, or mixed-use development.
49 CFR 391.41(b)(10), subject to the www.transit.dot.gov, and in the docket, So as not to impede these
requirements cited above (49 CFR at www.regulations.gov. Paper copies of developments, Circular 7050.1 included
391.64(b)). In accordance with 49 U.S.C. the Circular may be obtained by an exception for joint development
31136(e) and 31315, each exemption contacting FTA’s Administrative projects that are ‘‘community service’’
will be valid for two years unless Services Help Desk, at (202) 366–4865. or ‘‘publicly-operated’’ facilities,
revoked earlier by FMCSA. thereby exempting them from the
Table of Contents minimum fair share of revenue
Issued on: December 19, 2016. requirement. FTA also acknowledges
I. Overview
Larry W. Minor, that many transit agencies have
II. Updates to Circular 7050.1
Associate Administrator for Policy. A. Outfitting Commercial Space incorporated affordable housing goals
[FR Doc. 2016–31559 Filed 12–28–16; 8:45 am] B. Affordable Housing into their joint development policies.
BILLING CODE 4910–EX–P Similar to community service and
I. Overview
publicly-operated facilities, affordable
FTA is publishing updates to Circular housing also may generate less revenue
DEPARTMENT OF TRANSPORTATION 7050.1, regarding joint development, than market-rate development.
that affect: (1) the eligibility of outfitting Accordingly, FTA will allow the fair
Federal Transit Administration space for commercial use under the share of revenue provided by joint
[Docket No. FTA–2016–0045] FAST Act; and (2) the ‘‘fair share of development projects including certain
revenue’’ for affordable housing as part affordable housing to be less than the
Joint Development: Updated Circular of FTA-assisted joint development minimum threshold established in
asabaliauskas on DSK3SPTVN1PROD with NOTICES
projects. Circular 7050.1.
AGENCY: Federal Transit Administration
(FTA), DOT. II. Updates to Circular 7050.1 FTA defines the term ‘‘affordable
ACTION: Notice of update to joint
housing’’ to mean legally binding
A. Outfitting Commercial Space affordability restricted housing units
development circular.
Section 3002(2)(B) of the FAST Act available to renters with incomes below
SUMMARY: The Federal Transit amended Section 5302 of title 49, 60 percent of the area median income or
Administration (FTA) has issued and United States Code, by striking Section owners with incomes below the area
placed in the docket and on its Web site 5302(3)(G)(vi). Section 5302(3)(G)(vi) median.
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Document Created: 2016-12-29 01:58:32
Document Modified: 2016-12-29 01:58:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of renewal of exemptions; request for comments. | |
| Dates | Each group of renewed exemptions was effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before January 30, 2017. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 81 FR 96196 |
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